M/S. DECCAN ENGINEERS AND CONSTRUCTIONS v. KARNATAKA BANK LTD.,
WP/18812/2024 · 2025-12-15
Lalitha Kanneganti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 79291 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 79291 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:53595 WP No. 18812 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 18812 OF 2024 (GM-DRT)
BETWEEN:
1.
M/S. DECCAN ENGINEERS AND CONSTRUCTIONS A COMPANY REGISTERED UNDER COMPANIES ACT, REGISTERED OFFICE AT NO.2624, 7TH CROSS, 14TH MAIN, ’E’ BLOCK, SAHAKARANAGAR, BENGALURU - 560 092.
REP. BY ITS PARTNER, SRI K SUBRAMANYA RAJU, S/O LATE KONDULU CHENGAMMA RAJU, AGED ABOUT 66 YEARS.
2.
SRI K SUBRAMANYA RAJU S/O LATE KONDULU CHENGAMMA RAJU, AGED ABOUT 66 YEARS, PARTNER OF M/S. DECCAN ENGINEERS, AND CONSTRUCTIONS, OFFICE AT NO.2624, 7TH CROSS, 14TH MAIN, ‘E’ BLOCK, SAHAKARANAGAR, BENGALURU - 560 092.
3.
SMT. K NALINI W/O SRI K SUBRAMANYA RAJU, AGED ABOUT 56 YEARS, DIRECTOR OF M/S PRASIDDHI PROPERTIES, PRIVATE LIMITEDD,
Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:53595 WP No. 18812 of 2024
OFFICE AT NO.2624, 7TH CROSS, 14TH MAIN, ‘E’ BLOCK, SAHAKARANAGAR, BENGALURU- 560 092. ...PETITIONERS (BY SRI.ASHWIN KUMAR H., ADVOCATE)
AND:
1.
KARNATAKA BANK LTD., REGISTERED AND HEAD OFFICE, POST BOX NO.599, MAHAVEERA CIRCLE, KANKANADY, MANGALURU - 575 002.
REP. BY ITS CHIEF MANAGER.
2.
KARNATAKA BANK LTD ASSET RECOVERY MANAGEMENT BRANCH, 1ST FLOOR, FKCCI BUILDING, KEMPEGOWDA ROAD,
BENGALURU - 560 009.
REP. BY ITS CHIEF MANAGER. ...RESPONDENTS (BY SRI.NITHIN CHANDRA M., ADVOCATE)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ORDER BY QUASH THE IMPUGNED POSSESSION NOTICE DATED 16/04/2024 UNDER THE SARFAESI ACT 2022, ISSUED BY THE R2 BANK, AS PER ANNEXURE-B; DIRECT THE RESPONDENT BANK TO RE-SCHEDULE THE LOAN ACCOUNT OF THE PETITIONERS AND DIRECT TO STOP ALL FURTHER PROCEEDINGS OF SALE IN-PURSUANCE OF THE POSSESSION NOTICE AS PER ANNEXURE-B AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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HC-KAR NC: 2025:KHC:53595 WP No. 18812 of 2024
ORAL ORDER The present writ petition is filed seeking the following prayer:
“WHEREFORE, the petitioners most respectfully pray that this Hon'ble Court may be pleased to:
i. A Issue a Writ of Certiorari or any appropriate
order by quashing the impugned Possession Notice dated 16.04.2024, under the SARFAESI Act 2022, issued by the and 2nd respondent bank, as per Annexure-B in the interest of justice and equity.
ii. Issue a Writ of Mandamus or any appropriate
order by directing the respondent bank to re-schedule the loan account of the petitioners and direct to stop all further proceedings of sale in- pursuance of the possession notice, PER ANNEXURE-B in the interest of justice and equity.
iii. Issue a Writ of Mandamus or any appropriate
order by direct the respondent bank to furnish the details statement of loan account in connection with loan account- No.1137000600019101, 113700180056901 and 1137001800058501- of the petitioners, in the interest of justice and equity.
iv. Issue a Writ of Mandamus or any appropriate
order by directing the respondent bank to pay cost to the petitioners, in the interest of justice and equity.
v. Grant such other and further reliefs as this Hon'ble Court deems fit and necessary to be grant under circumstances of the above writ petition, in the interest of justice and equity.”
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HC-KAR NC: 2025:KHC:53595 WP No. 18812 of 2024
The auction was conducted by the Bank and the same was upheld by the DRT. In that view of the matter this writ petition has become infructuous. Accordingly, the Writ petition is dismissed as infructuous. All pending I.As., in the petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
TS List No.: 1 Sl No.: 0